Unauthorized shops
constructed on open layout space cannot be regularized; delay in demolition
despite court orders undermines rule of law.
Review not maintainable
where Supreme Court has declared predecessors transactions void and barred
further challenge.
Plaint filed without a
genuine cause of action, lacking relevancy for suit and barred by limitation is
liable to be rejected under Order VII Rule 11.
Omission of material
facts and absence of specific pleadings of corrupt practice in election
petition justify its rejection under O. VII R. 11 CPC and Ss. 83 & 87 of
the Representation of the People Act.
Application for
overtime wages is maintainable where entitlement is undisputed and amount is
computable in terms of money.
Partnership does not
confer proprietary right in license; renewal can be sought only by the original
licensee.
Interest and statutory
benefits cannot be granted from date of possession prior to Section 4
notification; Reference Courts award partly modified.2016 S.C.C. OnLine.Bom.
2236, ref.
Petition dismissed as
petitioner failed to come with clean hands and made unsupported allegations
about planning report.
Repeatedly rejected
claim of protected tenancy cannot be revived; fraudulently obtained orders
confer no rights
Dispute before
Co-operative Court not maintainable due to SARFAESI action and non-joinder of
bank as necessary party.
Petitioner held
entitled to parity of wages where contract workers performed same work as regular
employees; failure of employer to disprove claim.
Insurance policy terms
strictly construed; claim for death of Secu rity Guard rejected as policy only
covered cleaners/supervisors.
Compensation enhanced
after recalculation of salary, future pros pects, and dependency; insurer and
employer held jointly liable
Notional income, future
prospects, and non-pecuniary losses must be appropriately accounted for in
calculating compensation.
Courts below rightly
treated transaction as mortgage by conditional sale and alternate plea of
specific performance was unjustified.
MACT award for death
claim modified; insurance companys liability restricted to policy terms;
interest awarded at 8% p.a.
Compensation modified to 60% per sq. ft. with 20%
deduction towards development charges following parity with coordinate bench
decision.
Workers of NEERI entitled to equal pay for equal
work as per Rule 25(2)(v)(a) CLRA Rules and based on factual findings.
Compensation to be
calculated on basis of deceaseds latest ITRs and age based deduction; insurer
and owner jointly liable.
Evidence
shows that accident was occurred due to negligence of Bus Driver-Bus Driver was
examined by Appellant, so non-impleadment of Bus Drivers testimony has no
merit.
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